Se Habla Español Aqui
(“Spanish Is Spoken Here”)
by Nelson L. Peralta

It was late afternoon when the phone rang.

“Hello Nelson, this is Chris Messerly of Robins Kaplan. I’m calling to invite you to be part of a group of lawyers representing survivors of the 35W bridge collapse. We have some Spanish-speaking survivors who need help. Are you interested in joining the group?”

After speaking with my law partner, Lisa Lodin Peralta, we accepted Chris’s invitation to become part of the pro bono consortium. It was the start of an incredible professional and personal experience that would last three years. The point of the story, though, is to illustrate that throughout my career, the fortuity of being a Spanish-speaking lawyer has opened up amazing professional opportunities. Let me tell you the story.

The Early Years

I never expected to develop a niche-practice representing Spanish-speaking clients. How did it all begin? Well, the seeds were planted in early childhood. I was born to immigrant parents who hailed from Mexico (my mother) and Paraguay (my father) and who spoke no English when they immigrated to the United States in 1968. Spanish was my first language. Gradually, English became my primary language but the fact that my parents continually spoke in Spanish kept it fresh for me.

In high school and college, I studied Spanish, but it wasn’t until after law school that my fluency was truly tested. My first job out of law school, in 1994, was representing Mexican-American migrant farmworkers in rural western Michigan. Spanish was spoken on a daily basis either in the office or out in the apple orchards. This was the first time that I used Spanish not merely in conversation, but to convey legal concepts as well.

Developing a Practice Representing Spanish-speakers in Minnesota

When I moved to Minnesota in 1998, I began working in a small law firm. In 2000, with some encouragement, I began to market my Spanish-speaking ability. Along with the enactment of significant federal immigration legislation, this created a natural influx of potential Spanish-speaking clients, and it was my first true experience with serving them here.

My next step was to consult with attorneys who were advertising to the Latino community. These attorneys were willing to share their experiences and valuable tips of the trade with me, and I became better-equipped at handling potential clients as a result.

When I joined another small firm, Capistrant & Associates, from 2002-2006, I focused more on developing a practice representing Spanish speakers. In 2003, I argued before the Ninth Circuit Court of Appeals on behalf of a Guatemalan man, Fernando. Fernando attended high school in Los Angeles and lived through the 1991 riots. He was married to a United States citizen and had two U.S. citizen daughters. Nonetheless, he was facing imminent deportation. Because serious errors had been committed by his former lawyer and the immigration judge that first heard his immigration case back in 1995, the Ninth Circuit agreed, 2-1, that his case should be reopened. See Acosta-Soriano v. I.N.S., 2003 WL 1459956 (9th Cir. 2003).

Fernando’s patience, attitude and disposition were remarkable. Despite being separated from his family and facing imminent deportation, Fernando never lost faith in our legal system. Fernando became a U.S. citizen in September 2010, and I am proud to have attended his citizenship ceremony.

Opening a Law Firm

In 2006, Lisa and I formed Peralta & Peralta, Ltd., with the intention of being a welcoming law firm for all, including Latino clients. We have had the pleasure of representing a wide variety of Latino clients with varied backgrounds and life experiences.

One such client, Alfredo, was a business owner battling a large mortgage lender claiming a substantial interest in his home. Alfredo was the victim of mortgage fraud, however, as his name had been forged onto a mortgage note without his knowledge. This case went to trial and nearly every witness testified in Spanish. Court interpreters performed a valuable service throughout the trial. In the end, the fraudulent mortgage was set aside.

An entirely different type of client was the family of a pedestrian who lost her life when she was struck by a transit bus. The pedestrian was an undocumented Mexican who had come to the United States to change the lives of her siblings who lived in extreme poverty in rural southwestern Mexico - Petatlan, Guerrero, to be exact. The case ultimately settled, but the most meaningful part of the case involved traveling to Petatlan to meet with her siblings (my clients) to take their statements. There was certainly some risk involved, as the region has become increasingly dangerous.  As I left Petatlan, the decedent’s sister told me, “We will never forget you.”

35W Bridge Collapse

Most recently, we assisted seven Latino children, four of whom pro pono, who survived the 35W bridge collapse. The children had the misfortune of being on the school bus that was crossing the 35W bridge when it collapsed on August 1, 2007. These children and their parents were resilient throughout the entire legal process. The parents were devoted to their children and did everything we asked of them during the three-year process. The children were truly courageous;  many of them, despite still suffering from horrible nightmares of the bridge collapsing and a fear of driving over bridges, retold their stories before the special master panel deciding their cases. Through the entire experience, I had only one thing in common with these survivors of an epic tragedy: the Spanish language. The common bond of language allowed them to communicate their thoughts, feelings and emotions freely, and this was invaluable to me in representing them.

Tips for Solo and Small Firm Lawyers

Here are a few tips that may assist you in representing Spanish-speaking clients:

• Know your competition. In addition to our firm, there are a number of well-established lawyers who are bilingual and have a Spanish-speaking practice. Some of those lawyers have graciously helped me in the past.  Find one to consult about representing Spanish-speaking clients.
• Be prepared to use Spanish in all aspects of your practice. Get help with the language if you need it. Write letters and representation agreements in Spanish. Record voicemail greetings in Spanish as many Spanish-speaking clients simply will hang up if they do not hear a Spanish message.
• Do not make assumptions about clients. Spanish-speaking clients, as with all clients, run the gamut from low-income clients who have no legal experience, do not use the Internet, etc. to highly sophisticated individuals and business owners with prior legal experience. You need to know your client well to understand how to best communicate and advocate effectively.
• Become familiar with area interpreters and translators. You will need to bring your own interpreters for no-fault arbitration hearings and depositions and you will need certified translations for immigration applications. Other lawyers can offer recommendations or share their experiences.
• Get involved in the Minnesota Hispanic Bar Association (www.minnhba.org). Membership is open to any attorney in good standing. Not only is membership in the MHBA fun, but it has practical benefits. Getting to know the other Latino lawyers and judges in our state can be a tremendous resource for your practice.

As Latinos are expanding their presence into all parts of Minnesota, attorneys who can communicate in Spanish continue to be in high demand. You can take a few practical steps, as outlined above, to help you better assist the needs of Spanish-speaking clients. And who knows - one day you may end up getting a phone call that will change your practice.